M/s. R.J. Gas Agency v. The Commissioner
Case brief
What is this about?
Writ petition challenging a notice to vacate premises for using an un- sanctioned building as a godown. Court deferred the notice for one year to allow petitioner to shift to self-constructed premises, noting the Corporation's 32-year delay. Petition disposed.
What did the court decide?
Notice dated 16.09.2022 deferred for one year to enable petitioner to shift to own premises. If not shifted within one year, Corporation can take action as per law.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.29348 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.29348 of 2022
and
W.M.P.No.28656 of 2022
M/s.R.J.Gas Agency, Bharat Gas Distribution, Rep. by its Partner S.Petchiammal, SF.No.251/1,Urumandapalayam Road, Vellaikinaru, Coimbatore - 641 029.
...Petitioner
Vs.
- 1.The Commissioner, Coimbatore Corporation, Coimbatore.
2.V.Devendran
Issues for consideration
2 issues framed by the court
Whether a notice under Section 296(3) to vacate premises for using a non-sanctioned building as a godown can be deferred to allow the petitioner to construct and occupy an approved structure.
Whether the delay of over 32 years by the Corporation Authority in acting upon similar violations is relevant to granting an extension of time.
Parties & counsel
- petitioner
M/s.R.J.Gas Agency, Bharat Gas Distribution, Rep. by its Partner S.Petchiammal
- respondent
The Commissioner, Coimbatore Corporation
- respondent
V.Devendran
Coram
Case details
As recorded by the court registry
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